Minutes

For the Planning Committee Meeting

Monday, October 03, 2022

1:00 P.m. - 5:00 P.m.

Tom Davies Square

Present (Mayor and Councillors)

• Councillor McCausland, 
• Councillor Lapierre, 
• Councillor Leduc, 
• Councillor Landry-Altmann, 
• and Councillor Kirwan

City Officials

• Kris Longston, Director of Planning Services, 
• Ed Landry, Senior Planner, Community & Strategic Planning, 
• Robert Webb, Supervisor of Development Engineering, 
• Glen Ferguson, Senior Planner, 
• Mauro Manzon, Senior Planner, 
• Wendy Kaufman, Senior Planner, 
• Melissa Riou, Senior Planner, 
• Hugh Kruzel, Chief of Staff, 
• Joe Rocca, Director of Infrastructure Capital Planning, 
• Guido Mazza, 
• Franca Bortolussi, Administrative Assistant to the City Solicitor and Clerk, 
• Christine Hodgins, Deputy City Clerk, 
• and Erin Foreshew, Clerk's Services Assistant

Councillor Kirwan, In the Chair

---

1.

Call to Order

The meeting commenced at 12:00 p.m.

2.

Roll Call

A roll call was conducted prior to the commencement of moving into closed session.

3.

Closed Session

• The following resolution was presented:

  PL2022-144
  Moved By Councillor McCausland
  Seconded By Councillor Leduc

  THAT the City of Greater Sudbury moves to Closed Session to deal with one (1) Proposed or Pending Acquisition or Disposition of Land Matter regarding Highway 17 West, Worthington in accordance with the Municipal Act, 2001, par.239(2)(c).

  CARRIED

  At 12:02 p.m., the Planning Committee moved into Closed Session.

  
  

4.

Recess

At 12:14 p.m., the Planning Committee recessed.

5.

Open Session

At 1:08 p.m., the Planning Committee commenced the Open Session.

6.

Roll Call

A roll call was conducted.

7.

Declarations of Pecuniary Interest and the General Nature Thereof

None declared.

8.

Public Hearings

8.1

95 Estelle Street, Sudbury

The Planning Committee was adjourned and the Public Hearing was opened to deal with the application:

Mauro Manzon, Senior Planner, outlined the report

Kevin Jarus, Tulloch Engineering, agent for the applicant was present.

The Planning Department responded to questions from the Committee members.

The agent for the applicant provided comments and responded to questions from the Committee members.

At 3:07 p.m. the Committee recessed.

At 3:20 p.m. the Committee reconvened.

The following concerned area residents provided comments to the Committee members:

Tim Lee, Gertie Kitts, Nina Kitts, David Fiacconi, Gail Gilbrecht, Tamara Fiacconi, David Chinn, Raymonde Martin-Venne and Oscar Barnett.

Staff provided comments and responded to questions from concerned area residents.

The Chair asked whether there was anyone else who wished to speak in favour or against this application and hearing none:

The Public Hearing was closed and the Planning Committee resumed in order to discuss and vote on the application.

At 4:58 p.m. the Committee recessed.

At 5:10 p.m. the Committee reconvened.

• Rules of Procedure

  With the concurrence of the Committee, the reading of the resolution was waived.

  The following resolution was presented:

  PL2022-145

  THAT the City of Greater Sudbury approves the application by 2375423 Ontario Inc. & Bancroft Property Holdings Inc. to amend Zoning By-law 2010-100Z by changing the zoning classification from “I”, Institutional and “FD”, Future Development to “R3-1.D30 Special”, Medium Density Residential Special on lands described as PINs 73575-0374, 73575-0408 & 73575-0430  , Parcels 18885 & 4435 S.E.S., Parts 2 & 3, Plan 53R-11221 in Lot 9, Concession 3, Township of Neelon, as outlined in the report entitled “95 Estelle Street, Sudbury”, from the General Manager of Growth and Infrastructure, presented at the Planning Committee meeting on October 3, 2022, subject to the following conditions:

  1.    That the amending by-law includes the following site-specific provisions:

  (i)    The maximum building height of any building within 50 metres of a lot line shall be 11 metres;

  (ii)    Planting strips shall be provided as follows:
  (a)    A minimum ten (10) metre-wide natural vegetative buffer shall be provided where the subject land abuts a Low Density Residential Zone excluding any clearance of land required for the servicing corridor to Bancroft Drive; and,
  (b)    Notwithstanding the above, a minimum three (3) metre-wide planting strip with a minimum 1.5 metre-high opaque fence is required where the subject land abuts the southerly limit of Part 2, Plan 53R-13471 and the northerly limit of Part 1, Plan SR-140;

  (iii)    Notwithstanding Table 5.5 of Section 5.5, the following alternative parking standards shall be permitted:
  (a)    Multiple dwelling resident parking: 0.91 space per unit;
  (b)    Multiple dwelling visitor parking: 0.15 space per unit;
  (c)    Row and semi-detached dwelling resident parking: 1 space per unit;

  
  (d)    Row and semi-detached dwelling visitor parking: not applicable; and,
  (e)    A 10% reduction under Section 5.5.1.1 shall not apply to the above noted alternative parking standards.

• Rules of Procedure

  Councillor Landry-Altmann presented the following amendment:

  PL2022-145-A1
  Moved By Councillor Landry-Altmann
  Seconded By Councillor Leduc

  THAT the resolution be amended to increase the parking standard to 1.25 per unit.

  Rules of Prodecure

  A Recorded Vote was held:

  YEAS: (3)	Councillor Lapierre, Councillor Leduc, and Councillor Landry-Altmann
  NAYS: (2)	Councillor McCausland, and Councillor Kirwan

  CARRIED (3 to 2)

• Rules of Procedure

  Councillor Leduc presented the following amendment:

  PL2022-145-A2
  Moved By Councillor Leduc
  Seconded By Councillor Kirwan

  THAT the resolution be amended to remove "within 50 metres of the lot line", paragraph 1 (i).

  Rules of Procedure

  A Recorded Vote was held:

  YEAS: (3)	Councillor Kirwan, Councillor Leduc, and Councillor Landry-Altmann
  NAYS: (2)	Councillor McCausland, and Councillor Lapierre

  CARRIED (3 to 2)

• The resolution as amended was presented:

  PL2022-145
  Moved By Councillor Landry-Altmann
  Seconded By Councillor Leduc

  As Amended:

  THAT the City of Greater Sudbury approves the application by 2375423 Ontario Inc. & Bancroft Property Holdings Inc. to amend Zoning By-law 2010-100Z by changing the zoning classification from “I”, Institutional and “FD”, Future Development to “R3-1.D30 Special”, Medium Density Residential Special on lands described as PINs 73575-0374, 73575-0408 & 73575-0430 , Parcels 18885 & 4435 S.E.S., Parts 2 & 3, Plan 53R-11221 in Lot 9, Concession 3, Township of Neelon, as outlined in the report entitled “95 Estelle Street, Sudbury”, from the General Manager of Growth and Infrastructure, presented at the Planning Committee meeting on October 3, 2022, subject to the following conditions:

  1.That the amending by-law includes the following site-specific provisions:

  (i)The maximum building height of any building shall be 11 metres;

  (ii)Planting strips shall be provided as follows:

  (a)A minimum ten (10) metre-wide natural vegetative buffer shall be provided where the subject land abuts a Low Density Residential Zone excluding any clearance of land required for the servicing corridor to Bancroft Drive; and,

  (b)Notwithstanding the above, a minimum three (3) metre-wide planting strip with a minimum 1.5 metre-high opaque fence is required where the subject land abuts the southerly limit of Part 2, Plan 53R-13471 and the northerly limit of Part 1, Plan SR-140;

  (iii)Notwithstanding Table 5.5 of Section 5.5, the following alternative parking standards shall be permitted:

  (a)1.25 spaces per unit.

  Rules of Procedure 

  A Recorded Vote was held:

  YEAS: (3)	Councillor McCausland, Councillor Lapierre, and Councillor Landry-Altmann
  NAYS: (2)	Councillor Kirwan, and Councillor Leduc

  CARRIED (3 to 2)

  Rules of Procedure

  Proceed past 5:38 p.m.

  Chair Kirwan moved that the meeting proceeds past the hour of 5:38 p.m.

  Rules of Procedure

  A Recorded Vote was held:

  YEAS:(5): McCausland, Lapierre, Leduc, Landry-Altmann, Kirwan.

  CARRIED UNANIMOUSLY

  At 5:40 p.m. the Committee recessed.

  At 5:56 p.m. the Committee reconvened.

  Public Comment has been received and considered and has affected the Planning Committee's decision in the following manner:

  • amendments related to parking and building height.
  
  

8.2

0 Belisle Drive, Val Caron

The Planning Committee was adjourned and the Public Hearing was opened to deal with the application:

David Ewing, agent for the applicant was present.

Wendy Kaufman, Senior Planner, outlined the report.

The Planning Department responded to questions from the Committee members.

The Chair asked whether there was anyone else who wished to speak in favour or against this application and hearing none:

The Public Hearing concerning this matter was closed and the Planning Committee resumed in order to discuss and vote on the application.

Rules of Procedure

With the concurrence of the Committee, the reading of the resolution was waived.

• The following resolution was presented:

  PL2022-146
  Moved By Councillor Lapierre
  Seconded By Councillor McCausland

  THAT the City of Greater Sudbury approves the application by the City of Greater Sudbury to amend Zoning By-law 2010-100Z by changing the zoning classification from “M1(33)”, Mixed Light Industrial/Service Commercial Special, to an amended “M1(33)”, Mixed Light Industrial/Service Commercial Special on lands described as PINs 73501-2249 & 73501-2247, Parts 1-3, Plan 53R-21683, Part of Lot 8, Concession 5, Township of Blezard, as outlined in the report entitled “0 Belisle Drive, Val Caron”, from the General Manager of Growth and Infrastructure, presented at the Planning Committee meeting on October 3, 2022, subject to the following condition:

   

  1. That the amending zoning by-law for the M1(33), Mixed Light Industrial/Service Commercial Special Zone include the following site-specific provision:

       i. On Parts 1-3, Plan 53R-21683, a business office shall also be permitted. 

  YEAS: (5)

  Councillor McCausland, Councillor Kirwan, Councillor Lapierre, Councillor Leduc, and Councillor Landry-Altmann

  CARRIED (5 to 0)

  As no public comment, written or oral, was received, there was no effect on the Planning Committee's decision.

  
  

8.3

5887 Highway 69 North, Hanmer

The Planning Committee was adjourned and the Public Hearing was opened to deal with the application:

Mathew Brule, agent for the applicant was present.

Mauro Manzon, Senior Planner, outlined the report.

The Planning Department responded to questions from the Committee members.

The Chair asked whether there was anyone else who wished to speak in favour or against this application and hearing none:

The Public Hearing concerning this matter was closed and the Planning Committee resumed in order to discuss and vote on the application.

With the concurrence of the Committee, the reading of the resolution was waived.

• The following resolution was presented:

  PL2022-147
  Moved By Councillor Kirwan
  Seconded By Councillor Landry-Altmann

  THAT the City of Greater Sudbury approves the application by 749459 Ontario Limited to amend Zoning By-law 2010-100Z by changing the zoning classification from “R1-5”, Low Density Residential One to “R3”, Medium Density Residential on lands described as Part of PIN 73503-1217 SEQ CHAPTER \h \r 1, Part of Parcel 20955 S.E.S., in Lot 2, Concession 2, Township of Hanmer, as outlined in the report entitled “5887 Highway 69 North, Hanmer” from the General Manager of Growth and Infrastructure, presented at the Planning Committee meeting on October 3, 2022 subject to the following conditions:

  1. That prior to the enactment of the amending by-law, the owner shall address the following conditions:

      

     1. Submit a revised parking plan to the satisfaction of the Director of Planning Services;
     2. Enter into a paving agreement with the City to the satisfaction of the General Manager of Growth and Infrastructure;
     3. Submit an application for consent in order to sever the westerly lands subject to the rezoning; and,
     4. Provide the Development Approvals Section with a final plan of survey in order to enact the amending by-law.

  YEAS: (5)

  Councillor McCausland, Councillor Kirwan, Councillor Lapierre, Councillor Leduc, and Councillor Landry-Altmann

  CARRIED (5 to 0)

  As no public comment, written or oral, has been received, there was no effect on the Planning Committee's decision.

  
  

8.4

1236 Gravel Drive, Hanmer

The Planning Committee was adjourned and the Public Hearing was opened to deal with the application:

Mauro Manzon, Senior Planner, outlined the report.

The Chair asked whether there was anyone else who wished to speak in favour or against this application and hearing none:

The Public Hearing concerning this matter was closed and the Planning Committee resumed in order to discuss and vote on the application.

Rules of Procedure

With the concurrence of the Committee, the reading of the resolution was waived.

• The following resolution was presented:

  PL2022-148
  Moved By Councillor McCausland
  Seconded By Councillor Leduc

  That the City of Greater Sudbury approves the application by Marc & Louise Menard to amend Zoning By-law 2010-100Z with respect to lands described as PIN 73506-0067, Parcel 49847 S.E.S., Part 2, Plan 53R-12627 in Lot 5, Concession 4, Township of Hanmer in order to extend the use of a garden suite in accordance with Section 39.1(4) of the Planning Act for a temporary period of three (3) years, as outlined in the report entitled “1236 Gravel Drive, Hanmer” from the General Manager of Growth and Infrastructure, presented at the Planning Committee meeting on October 3, 2022.

  YEAS: (5)

  Councillor McCausland, Councillor Kirwan, Councillor Lapierre, Councillor Leduc, and Councillor Landry-Altmann

  CARRIED (5 to 0)

  As no public comment, written or oral, has been received, there was no effect on the Planning Committee's decision.

  
  

8.5

1799 Potvin Crescent, Sudbury

The Planning Committee was adjourned and the Public Hearing was opened to deal with the application:

Mauro Manzon, Senior Planner, outlined the report.

The Chair asked whether there was anyone else who wished to speak in favour or against this application and hearing none:

The Public Hearing concerning this matter was closed and the Planning Committee resumed in order to discuss and vote on the application.

Rules of Procedure

With the concurrence of the Committee, the reading of the resolution was waived.

• The following resolution was presented:

  PL2022-149
  Moved By Councillor Lapierre
  Seconded By Councillor Landry-Altmann

  That the City of Greater Sudbury approves the application by Gloria Prevost to amend Zoning By-law 2010-100Z with respect to lands described as PIN 73479-0066, Parcel 50488 S.E.S., Parts 2 to 7, Plan 53R-14439 in Lot 11, Concession 5, Township of Dill in order to extend the use of a garden suite in accordance with Section 39.1(4) of the Planning Act for a temporary period of three (3) years, as outlined in the report entitled “1799 Potvin Crescent, Sudbury” from the General Manager of Growth and Infrastructure, presented at the Planning Committee meeting on October 3, 2022.

  YEAS: (5)

  Councillor McCausland, Councillor Kirwan, Councillor Lapierre, Councillor Leduc, and Councillor Landry-Altmann

  CARRIED (5 to 0)

  As no public comment, written or oral, has been been received, there was no effect on the Planning Committee's decision.

  
  

9.

Matters Arising from the Closed Session

Councillor McCausland, as Chair of the Closed Session, reported that the Committee met in Closed Session to deal with one (1) Proposed or Pending Acquisition or Disposition of Land Matter regarding Highway 17 West, Worthington in accordance with the Municipal Act, 2001, par.239(2)(c).

• The following resolution was presented:

  PL2022-150
  Moved By Councillor Kirwan
  Seconded By Councillor Lapierre

  THAT the City of Greater Sudbury authorize a grant by way of lease with Beaver Lake Fire & Services for the Beaver Lake Welcome Centre located at 7535 Highway 17 West, Worthington, legally described as part of PIN 73395-0279 (LT), part of Lot 4, Concession 5, Township of Lorne;

  AND THAT a by-law be presented authorizing the grant and execution of the lease agreement.

  CARRIED

10.

Consent Agenda

• The following resolution was presented:

  PL2022-151
  Moved By Councillor Leduc
  Seconded By Councillor Landry-Altmann

  THAT the City of Greater Sudbury approves Consent Agenda item 10.1.1.

  CARRIED

  The following are the consent agenda items:

  
  

10.1

Routine Management Reports

10.1.1

0 Vermilion Lake Road, Chelmsford

• PL2022-152
  Moved By Councillor Leduc
  Seconded By Councillor Landry-Altmann

  THAT the City of Greater Sudbury approves the request by Roland Joseph Duguay to allow Consent Application B0077/2022 on those lands described as PIN 73367-0477, Parcel 11561 SRO SWS as in LT83065, Parts 5 and 6, Plan SR-2735, except LT217844, Parts 13 to 15 on Plan SR-2401, Parts 2 & 4, Plan SR-2711, Parts 1 to 3, Plan SR-3400, Part 1, Plan 53R-6656, Part 1, Plan 53R-10991 and Part 3, Plan 53R-18719, Part of Lot 2, Concession 6, Township of Fairbank, to proceed by way of the consent process, as outlined in the report entitled “0 Vermilion Lake Road, Chelmsford” from the General Manager of Growth and Infrastructure, presented at the Planning Committee meeting of October 3, 2022.

  CARRIED

11.

Managers' Reports

11.1

Downtown Sudbury Community Improvement Plan Application – 212 Minto Street

• The following resolution was presented:

  PL2022-153
  Moved By Councillor Landry-Altmann
  Seconded By Councillor Leduc

  THAT The City of Greater Sudbury continues the Application for 212 Minto Street under the Strategic Core Areas Community Improvement Plan;

  AND THAT The City of Greater Sudbury approves the Application for 212 Minto Street, Sudbury, and directs staff to prepare a by-law to authorize staff to enter into the required agreement, as outlined in the report entitled “Downtown Sudbury Community Improvement Plan Application – 212 Minto Street”, from the General Manager of Growth and Infrastructure, presented at the Planning Committee Meeting of October 3, 2022.

  CARRIED

11.2

Town Centre Community Improvement Plan Application – 497-509 Notre Dame Avenue

• Rules of Procedure

  With the concurrence of the Committee, the reading of the resolution was waived.

  The following resolution was presented:

  PL2022-154
  Moved By Councillor Kirwan
  Seconded By Councillor Lapierre

  THAT the City of Greater Sudbury continues the Application for 497-509 Notre Dame Ave under the Strategic Core Areas Community Improvement Plan;

  THAT the City of Greater Sudbury approved the Application at 497-509 Notre Dame Ave, Sudbury, and directs staff to prepare a by-law to authorize staff to enter into the required agreement, as outlined in the report entitled “Town Centre Community Improvement Plan Application – 497-509 Notre Dame Ave”, from the General Manager of Growth and Infrastructure, presented at the Planning Committee Meeting of October 3, 2022.

  CARRIED

12.

Members' Motions

12.1

Request for Report Regarding Derelict or Abandoned Properties and Clarification of Language for Revocation of Building Permits

• Rules of Procedure

  With the concurrence of the Committee, the reading of the resolution was waived.

  PL2022-155
  Moved By Councillor Landry-Altmann
  Seconded By Councillor Lapierre

  WHEREAS there are several properties across the City of Greater Sudbury which were slated for renovations/construction and were issued building permits, but have been left in a state of disrepair or abandoned for extended periods of time with open permits;

  AND WHEREAS the Building Code Act, 1992, stipulates at Section 8(10) that:

  (10) Subject to section 25, the chief building official may revoke a permit issued under this Act,

  (a)  if it was issued on mistaken, false or incorrect information;

  (b)  if, after six months after its issuance, the construction or demolition in respect of which it was issued has not, in the opinion of the chief building official, been seriously commenced;

  (c)  if the construction or demolition of the building is, in the opinion of the chief building official, substantially suspended or discontinued for a period of more than one year;

  (d)  if it was issued in error;

  (e)  if the holder requests in writing that it be revoked; or

  (f)  if a term of the agreement under clause (3) (c) has not been complied with.  1992, c. 23, s. 8 (10).

  AND WHEREAS property owners adjacent to or near the properties which have been abandoned or left in a state of disrepair are frustrated by the lack of action to have these properties complete the required construction or be demolished;

  AND WHEREAS the terms "seriously commenced" in Section 8(10)(b) and "substantially suspended or discontinued" in Section 8(10)(c) are vague and subject to interpretation, and do not provide definitive direction to the Chief Building Official;

  THEREFORE BE IT RESOLVED the City of Greater Sudbury directs that staff present a report to City Council in the second quarter of 2023 which would provide information on what other municipalities are doing to address the problems with abandoned or derelict properties, as well as options/suggestions to have the language in the Building Code Act amended to provide Chief Building Officials with clear direction regarding the revocation of building permits.

  Rules of Procedure

  Proceed past 5.5 hours

  Chair Kirwan moved that the meeting proceeds past 5.5 hours.

  YEAS:(5): McCausland, Lapierre, Leduc, Landry-Altmann, Kirwan.

  CARRIED UNANIMOUSLY

  
  

• Councillor Lapierre presented the following amendment:

  PL2022-155-A1
  Moved By Councillor Landry-Altmann
  Seconded By Councillor Lapierre

  THAT the motion be amended to remove the following portions:

  “AND WHEREAS the Building Code Act, 1992, stipulates at Section 8(10) that:

   (10) Subject to section 25, the chief building official may revoke a permit issued under this Act,

   (a)  if it was issued on mistaken, false or incorrect information;

  (b)  if, after six months after its issuance, the construction or demolition in respect of which it was issued has not, in the opinion of the chief building official, been seriously commenced;

  (c)  if the construction or demolition of the building is, in the opinion of the chief building official, substantially suspended or discontinued for a period of more than one year;

  (d)  if it was issued in error;

  (e)  if the holder requests in writing that it be revoked; or

  (f)  if a term of the agreement under clause (3) (c) has not been complied with.  1992, c. 23, s. 8 (10).”

  As well as:

  "AND WHEREAS the terms "seriously commenced" in Section 8(10)(b) and "substantially suspended or discontinued" in Section 8(10)(c) are vague and subject to interpretation, and do not provide definitive direction to the Chief Building Official;”

  And that the following paragraphs be added immediately before the operative clause:

  “AND WHEREAS some of these properties may be designated heritage structures it would be important to modify the existing property standards by-law to address these buildings specifically;

   AND WHEREAS as in creating by-laws to reduce these potential unsafe conditions and practices it is important to continue to maintain any “open for business” environment for the vast majority of our responsible development stakeholders; “

  And that the operative clause be replaced with the following:

  “THEREFORE BE IT RESOLVED the City of Greater Sudbury directs that staff present a report to City Council in the second quarter of 2023 which would provide information on what other municipalities are doing to address the problems with abandoned or derelict properties, to address the maintenance of heritage properties in the Property Standards By-law, as well as options/suggestions to lobby the Province to have the language in the Building Code Act amended to provide The Chief Building Officials with clear direction regarding the revocation of building permits.”

  CARRIED

• The resolution as amended was presented:

  PL2022-155
  Moved By Councillor Landry-Altmann
  Seconded By Councillor Lapierre

  As Amended:

  WHEREAS there are several properties across the City of Greater Sudbury which were slated for renovations/construction and were issued building permits, but have been left in a state of disrepair or abandoned for extended periods of time with open permits;

  AND WHEREAS property owners adjacent to or near the properties which have been abandoned or left in a state of disrepair are frustrated by the lack of action to have these properties complete the required construction or be demolished;

  AND WHEREAS some of these properties may be designated heritage structures it would be important to modify the existing property standards by-law to address these buildings specifically;

  AND WHEREAS as in creating by-laws to reduce these potential unsafe conditions and practices it is important to continue to maintain any “open for business” environment for the vast majority of our responsible development stakeholders;

  THEREFORE BE IT RESOLVED the City of Greater Sudbury directs that staff to present a report to City Council in the second quarter of 2023 which would provide information on what other municipalities are doing to address the problems with abandoned or derelict properties, to address the maintenance of heritage properties in the property standards by-law, as well as options/suggestions to lobby the Province to have the language in the Building Code Act amended to provide to The Chief Building Officials with clear direction regarding the revocation of building permits.

  CARRIED

13.

Correspondence for Information Only

13.1

Construction Materials Stockpile

For Information Only.

14.

Addendum

No Addendum was presented.

15.

Civic Petitions 

Councillor Landry-Altmann submitted a petition to the City Clerk which will be forwarded to the General Manager of Growth and Infrastructure. The petition is regarding a request for sidewalks east of Murray Street in Sudbury, as well as traffic calming measures.

16.

Question Period

No Questions were asked.

17.

Adjournment

• Councillor Kirwan moved to adjourn the meeting. Time: 6:48 p.m.

  CARRIED